Assisted living fines often go uncollected

When the California Department of Social Services issues fines to assisted living homes for failing to properly care for elderly residents, the owners are told to pay within 10 days.

That’s not what usually happens.

Since July 2007, the department has collected only half of the $2.9 million in penalties it levied against facilities statewide, according to a U-T Watchdog review of state data.

The majority of fines either don’t get paid or are satisfied weeks, months or even years after they are billed. One factor at play: There’s no penalty for late payment.

“You cannot have a situation where the laws are on the books and you don’t somehow enforce the laws, and then when fines are assessed, you don’t in fact collect the fines,” said state Sen. Leland Yee, D-San Francisco, the chairman of the Human Services Committee. He has called for hearings in response to the U-T’s ongoing coverage of assisted living centers.

Assisted living

Hundreds of facilities remain licensed and serving the elderly even though they are months or years overdue paying fines. More than three dozen of those are in San Diego County.

State officials said they do their best to collect from licensees that are penalized, but too often violators close up shop and move away.

“Frequently in these cases the entity dissolves and there’s no one to collect the penalty from,” said Michael Weston, a California Department of Social Services deputy director.

With limited resources, Weston said, state social workers have to juggle responsibilities, and collecting penalties is not always at the top of their list.

“The department has placed a priority on the health and safety of residents by placing a priority on field operations — administrative actions that have a more direct influence on the quality of life for people we serve,” he said.

The record of collections underscores the findings in “Deadly Neglect,” a special report published by U-T San Diego in September.

The newspaper’s ongoing investigation, in partnership with the CHCF Center for Health Reporting at the University of Southern California, uncovered a host of problems within the state’s assisted living industry.

The reports highlighted the maximum penalty for violations — $150 — even when a resident dies due to negligent care. For nursing homes regulated by the California Department of Public Health, fines run as high as $100,000.